Terms and Conditions


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

Terms of Website use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our Website www.motortradedelivery.com, (our Website). Use of our Website includes accessing, browsing, or registering to use our Website.

Where these terms are provided with a sales order, that sales order will have precedence.

Please read these terms of use carefully before you start to use our Website, as these will apply to your use of our Website. We recommend that you print a copy of this for future reference.

By using our Website, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our Website.


Information about us

www.motortradedelivery.com, is a Website owned by Motor Trade Delivery Ltd ("We"). We are registered in England and Wales under company number 7789463 and have our registered office at 37 West Street, Congleton, Cheshire CW12 1JN. Our main trading address is 5th Floor, 1 Tony Wilson Place, Manchester, Lancashire, M15 4FN. Our VAT number is 158 3629 82.

We are a limited company.


Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.


Access

Access to our Website is permitted on a temporary basis requiring you to hold a valid membership, and we reserve the right to withdraw or amend the service we provide on our Website without notice.

From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Website.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.


Availability

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted . You are solely responsible for evaluating the suitability of any downloads, text or programmes available through this Website.

Cancellation Policy (Membership)

You have the right to cancel your Membership within any free trial period, once the free trial ends you will become a full time member, and payment of the membership premium will immediately become due. The date of the free trial expiry will be the renewal date for renewing each membership period of 12 months. The membership premium will be set by us at our absolute discretion.

Subject to any other statutory rights the member may have, there will be no right to cancel (and therefore no refund of the membership premium) during each membership term. Cancellation will take effect after expiry of a membership term provided we have had 30 day’s notice from you in writing to that effect.


Our Role

The purpose of our Website is to facilitate the movement of vehicles between individuals and organisations within the motor trade and logistics industries, by providing a platform in the market place where they can communicate. Vehicle dealerships can contract with logistics companies via a listings system provided through the Website.

We are in no way involved in the transaction. We hold no control over the quality, safety, or legal aspects of the transactions that are made through the Website nor do we hold any liability on the transport of any vehicle. It is the responsibility of both the dealerships and logistic companies to negotiate the terms of the transaction.


Cancellation Policy (Jobs via the Website)

Once a transaction is made between users of the Website, an agreement has been made between both members involved. Neither of these parties may cancel, delay, withdraw nor abort this job unless previously arranged and approved by both parties. We do not take responsibility once the job is finalised via the Website. Aborted jobs may incur a £75 penalty to either member or a waiting charge.

Members involved or interested in the same transaction may not contact each other prior to the bid ending. All contact information will be emailed once the bid is successful. Once the vehicle has arrived at the arranged destination the logistics company shall check the “Complete Job” box on the Website to inform the dealership of the delivery.

If a logistics company is suspected of bidding to win a job with the intention of, or proceeding to relist the job their membership will be cancelled with no refund for their subscription. Under no circumstances are jobs to be bought or quoted on and then passed onto another supplier, brokered, or re-listed on any other websites or logistics system. Doing so will result in immediate and final closure of your MTD account with no refunds for winners fees or subscriptions.

If we are concerned about the number of complaints about you we have the right to revoke your membership from the Website with no refund given for subscription fees.


Confidentiality

We are registered under the Data Protection Act 1998. We are committed to ensuring that your privacy is protected. Only our authorised employees or agents will view/use information collected from members on a need to know basis. We require this information to understand your needs and provide you with a better service, and in particular for internal record keeping Members transaction records are regarded as confidential and therefore will not be divulged to any third party, other than if we are legally required to do so to the appropriate authorities. Users have the right to request sight of, and copies of any and all membership records relating to them that we keep, on the proviso that we are given reasonable notice of such a request.

By using our Website, you consent to the processing of your data and you warrant that all data provided by you is accurate.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use the information to improve our products and services and/or we may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.


Cookies

Like most interactive Website, our Website uses cookies to ease the retrieval of user details for each visit. Cookies are used in some areas of our Website to enable the functionality of this area and ease of use for those people visiting.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Redistribution or republication of any part of this Website or its content is prohibited, without our written consent. You may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website. In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another Website without our express written permission .

Liability

You agree to indemnify us against all losses, expenses, costs or other damage sustained by us as a consequence of your use of the Website.

We shall not be liable to you for any communication sent by email which is either received late or not received at all. This includes but is not limited to job acceptance emails, job cancellation emails, job change emails, general business emails.

Any and all bona-fide subcontractors undertaking work on behalf of Motor Trade Delivery Ltd shall have in force Public Liability insurance for the duration of such work and applicable in respect of all aspects and processes of such work. Such Public Liability insurance must have a limit of indemnity of at least £1,000,000.


Disclaimer, Exclusions and Limitations

To the extent permitted by law we hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise by implied by statute.
  • Any liability for a direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, use of or reliance on any content displayed on the Website or results of the use of our Website, any Websites linked to it and any materials posted on it, including without limitation any liability for:
    • Loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • business interruption;
    • loss of goodwill;
    • wasted management or office time;
    • and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.


Uploading content to our Website

Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must use our site only for lawful purposes. You may not use our Website:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:

  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our Website;
    • any equipment or network on which our Website is stored;
    • any software used in the provision of our Website; or
    • any equipment or network or software owned or used by any third party
Any content you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.


Force Majeure

Neither parties shall not be deemed in default of this agreement, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations (excluding payment obligations) including but not limited to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, boycott or other similar events beyond the reasonable control of the party, provided that the party relying upon this provision:

  • gives prompt written notice thereof, and
  • takes all steps reasonably necessary to mitigate the effects of the force majeure event.
If a force majeure event extends for a period in excess of 30 days either party may immediately terminate this agreement upon written notice.


Links from Motor Trade Delivery Network

We do not monitor or review the content of other party’s websites which are linked to or from this Website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these websites. We encourage our users to be aware when they leave our website & to read the privacy statements of these websites. You should evaluate the security and trustworthiness of any other website connected to this Website or accessed through this Website yourself, before disclosing any personal information to them. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Links to Motor Trade Delivery Network

You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.

Payment

Payment for the use of the Website is made through World Pay, with regular and limited payments. Logistics companies are charged a success fee for each job taken, while dealerships are charged a small percentage of any savings made per listing. Information on the scale of these charges is made available at the time of each transaction and may be amended at our absolute discretion.

Fees and membership subscriptions are subject to VAT at the prevailing rate. The membership subscription is a set monthly fee plus VAT, which is taken through Future Pay.

We reserve the right to change the payment details at our absolute discretion.


Waiver

The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.

Logistics Companies - Your Role

The Logistic Company agrees and undertakes to both Motor Trade Delivery and its customers that:

  • It enters into these Conditions in the course of its business, ensuring its full capacity to meet and carry out its obligations under these Conditions;
  • All information and documents provided as part of its registration as a Logistic Company with Motor Trade Delivery are complete and accurate and it will inform Motor Trade Delivery of any changes to such information in writing immediately;
  • All information it provides in connection with listings on the website, including any Quote, is complete and fully accurate;
  • It shall perform any jobs bought via the Motor Trade Delivery website in accordance with the Request and any additional reasonable requirements communicated to it in writing or phone by the customer and/or Motor Trade Delivery;
  • It shall read thoroughly and strictly follow any requests or procedural actions noted in the Delivery Notes section for each job. Failure to do so may result in the delay or non-payment of invoices;
  • It shall read, sign and store copies of all relevant Customer SLAs;
  • It shall not subcontract the Job in whole or part;
  • It shall carry out the Job in accordance with all applicable laws and regulations, including health and safety legislation and compliance with HSE (Health and Safety Executive) and DVSA (Driver & Vehicle Standards Agency) guidance;
  • Ensure it complies with all rules, regulations and statutes in relation to Goods Vehicle Operators licensing and Tacographs where applicable;
  • It shall display trade plates in all vehicles;
  • It shall not, nor shall any personnel, smoke in or near to any Customer vehicles;
  • It shall employ personnel who are suitably qualified and experienced to perform the tasks assigned to them and in sufficient number to ensure that its obligations under these Conditions are fulfilled;
  • It has in place all necessary licences for the operation of its business and provision of the Job and shall provide evidence of such licences to the customer and/or Motor Trade Delivery immediately upon request;
  • It has in place and shall maintain such insurances with reputable insurers against those risks and to the extent that is usual for a transport supplier of its size and sufficient to cover the liabilities accepted under these Conditions. The Logistic Company shall provide evidence of such insurances to Motor Trade Delivery prior to accessing the website and ensure that these are updated upon each renewal and change to the insurance policies so that at all times Motor Trade Delivery holds an up to date copy of such insurances;
  • It shall perform the Job with reasonable skill and care in accordance with the commercial practices and to the standard expected of a competent and experienced provider of such services;
  • It shall, as often as is possible, pick up and deliver vehicles on the dates specified on the job listing and call beforehand to ensure vehicles are ready for collection;
  • It shall ensure that it has adequate processes in place for vehicle storage, trade plate storage, and secure vehicle storage to prevent theft or damage when the vehicle is left unattended at any point;
  • It shall, for every job, ensure a Proof of Collection and Proof of Delivery is used, signed by relevant personnel and uploaded to each job, using paper, or electronic methods, depending on the Customers specific requirements;
  • It shall not, use any vehicles for personal use or for driving to other vehicle collections. Mileage will be checked against the job listing mileage, and any excessive additional mileage may result in invoices not being paid;
  • It shall notify Motor Trade Delivery of any accident, damage or breach of provision relating to any job being carried out, immediately upon becoming aware of it. Such notification shall include all the relevant information to enable Motor Trade Delivery and its Customer to investigate the matter fully;
  • It shall inform Motor Trade Delivery if when undertaking a job bought via the website, if it receives any Penalty Charge Notices, including but not limited to parking fines, congestion charges, tolls or bus lane infringements;
  • It shall, where applicable, pay any fine within the statutory time period to avoid penalty escalation or Court action;
  • Where applicable, it shall comply with the terms of the Payment, Access and Liability clauses in the Terms and Conditions it shall use its best endeavours to support and assist Motor Trade Delivery in any claim it brings against the customer in connection with the Job, including providing all requested information and documents;
  • It shall send invoices to the correct Customer or Motor Trade Delivery dependant on the job type, and within a timely manner, including Motor Trade Delivery job listing IDs and vehicle registrations;
  • Refunds must be claimed in writing to accounts@motortradelivery.com within 28 calendar days of the job listing date
  • It shall not 'withhold' vehicles deliveries for ANY reason. Failure to deliver vehicles or to 'maintain guardianship' of them due to disputes either with MTD or dealerships/rental companies will be deemed as gross misconduct and your MTD account will be deactivated with no future access to the website granted. This may also result in legal action by either the Police, MTD or dealership/rental company concerned.
  • It shall not, nor any employees or related personnel, be abusive either verbally or physically to any MTD employee nor those of any dealerships/rental companies. Any instances of doing so will be deemed gross misconduct and your MTD account will be deactivated with no future access to the website granted. This may also result in legal action by either the Police, MTD or dealership/rental company concerned.


Dealerships/Branches - Your Role

The User (for clarification, anyone that has and/or uses an MTD log in and password to either view, list, amend or cancel vehicle movements) warrants and agrees to both Motor Trade Delivery and the Logistics Company that:
  • All information, log in details and documents provided as part of their registration as a User on the MTD system is complete and accurate and it will inform MTD of any changes to such information in writing immediately;
  • It enters into these Conditions (and any others agreed and signed for in the Contract) in the normal course of its business, not as a private individual, with the full capacity to meet and carry out its obligations under these Conditions;
  • All information it provides when listing and in connection the Job, including within any change or amend requests, is complete and accurate;
  • It does not duplicate jobs or list jobs for quote purposes only and then cancel;
  • It endeavours to make MTD aware immediately of any cancellation/change requests for a job, bearing in mind the MTD office hours are Monday – Friday 9am – 5pm (excluding Bank Holidays).
  • It is not aware of any issues which may affect the ability of a Transport Supplier to transport the Vehicle in the manner requested;
  • Where it requests a Driven Plate Move, the vehicle is fully roadworthy;
  • It shall sign a proof of collection/delivery form provided by the Transport Supplier upon collection/delivery of the Vehicle;
  • Within 24hrs (one) Business Day of Delivery, it shall report any issues with the Job;
  • Where applicable, it shall comply with the terms of the Access & Cancellation Policy;
  • It will regularly check its job history by logging into the MTD website and not rely on the automated emails sent by MTD (see ‘Liability’ section);
  • It shall deal directly with logistic companies in relation to any damage, accidents or invoicing queries ensuring MTD are kept aware and up-to-date with any relevant information for insurance purposes; and
  • It understands MTD is not liable for any damage to vehicles or cost of repair for any damage caused during collection, transit or delivery (see ‘Our Role’ section)
  • It warrants that in the event of any dissolvement, insolvency/bankrupty or business closure that it, the Dealership/Branch/Group, is responsible for ensuring the required invoice payments are made to logistic companies and not MTD.


Applicable law

These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.